The Sun. — London, England, 1838-02-03 00:00:00

IMPERIAL PARLIAMENT, HOUSE OF LORDS, FE,. 2. The LORD CHANCELLOR took his seat on the Woolsack, at five minutes past Five o'clock. Earl SHAFTESBURY presented a petition from Cam berwell, praying for the adoption of Rowland Hill's postage system. Lord RADNOR presented a petition from Wigan, pray ing for the entire abolition of negro slavery. The same NOBLE LORD presented a petition from the Mayor and Town Council of Bridgewater, complaining of the treatment shown by landed proprietors since the last Parliamentary election, and praying either for Vote by Ballot, or that the borough might be disfranchised. The Earl of RIPON gave notice that on this day week he should move the second reading of the Bishoprics of Sodor and Man Bill. AFFAIRS OF CANADA. Upon the order of the day being read that the Bill for the regulations of the affairs of Canada be read a second time, Lord GLENELG said, it was with pain he rose to propose to the House that a Constitution given to one of our Colonies should be for a time wthdrawn.—(Hear, bear, hear.) That certainly was a duty by no means of a pleasant nature. If he were called upon to enter upon this subject in proportion to the magni tude of its importance, he felt that he should be obliged to trespass on their Lordships for a very considera ble time, but in the present instance he found him self relieved from that obligation, inasmuch as the subject was not new to their Lordships. He had already had occasion to state the character and nature of the subject of the Bill that was now to be brought under consideration. This Bill came to their Lordships with the sanction of a large majority of the other House of Par liament, and he trusted it would meet the approbation of their Lordships. The character of the Bill was one which could be justified only by the necessity of the case which createdit. Un fortunately that necessity was so notorious that it presented itself at once to the notice and observation of every man. The simple facts of the case were amply sufficient to justify the measure proposed. The papers on the table would make the facts known to all ; and they proved that in Lower Canada at the present time, the Constitution that had been established forty or fifty years since had in truth ceased to exist. That Constitution, during the first twenty years of its existence, was in a state of abeyance ; during the last twenty-five years it had been in a state of constant strug gle and progress ; but it was admitted that parts of it had not, to use a common phrase, worked well to gether, and had not properly performed their functions. And after various delays, which had retarded its progress, for some time that Constitution had become almost pare- 1 lysed. To that state of things had succeeded the unfortu nate insurrection of which the facts were well known to their Lordships, and the result he believed was (and it would not be contested by any person), that the Constitu tion was at that moment practically suspended. He would not stop to ask to whom that state of things is to be ascribed—whether to the Legislative Council er the House of Assembly, or both—by which that result had been produced ; but he would state the fact as a simple and sufficient ground for the measure which he was now compelled to propose to their Lordships. This being the state of things—the Constitution being in effect dissolved, it was for the power by which that Constitu tion was at first granted, for the Parliament of this coun try to supply the remedy for this evil—to interpose for the protection of society, and to hold together the very prin eiples by which it was meiatained. It hal been sal I. in deed, that instead of resorting to Para imer,t, it would be a better course to summon the existine. Assembly, and to make another experiment, whether the fact tions of, the Constitution could, be. carri.el on.—( ileer, hear, heir.) 1 It must, however, be notorious that to again call toge ther the existing Assembly, especially from the cir cumstances connected with various of its Members, would be to p ive the way fos snottier disappointment, and another cessation of all coustitutional functions, par ticularly in regard to the insurrection. There was one sub ject upon which that Ass•Jnbly misht he convened—and a to which the Constitution, as it would then exist, might be carried on, if Parliament conceded what the Assembly sieneand .d as the condition on which alone it would re sume its function:. What was that demand? Various demands were made by the Assembly as the con dition of its rcturo to its duties. But that upnr which it especially insisted was the adoption of the elective principle into the Legislative Council. He would not stop to enquire whether that was a right principle, or whether, abstractedly speaking, they ought to admit it ; but he adverted to the simple fact that it was not many months since both Houws or Parliament had pro nounced a negative upon that principle, and hating pro nounced that negative after maturely wtAgLing tend torsi dering dering the circumstances of Lower Cmatla, nothing havingo since occurred to induce them to change that decision, it! was impossible for them now to retract it. It should be re collected, when in 1836 they refused assent to the principle, the Canadians had not then assnmed a menacing attitude towards the mother country ; and now that they had t..p peered in arms, there was still less reason why they should yield assent to it. Parliament was called upon to inter pose, and for what ultimate purposes had their inter ference become necessary ?—( Hear.) The great object which they should have in view was, to al lay the animosity and the disunion which existed in that colony, and ultimately to restore the Constitution of 1791, improved, as it might be, and adapted to the existing state of affairs in Lower Canada, and as to the wisdom of Parliament it might seem best calculated to , improve the condition and promote the happiness of all classes of her Majesty's subjects.--CCries of " Hear, I , ear.") It was admitted on all hands that there were defects in that Constitution, and it became Parliament to ascertain what those defects were in the opinions of those for whose benefit it was intended. The Constitution of 1791 applied both to the Provinces of Upper and Lower Canada ; and in looking forward to its restoration on the basis on which it bad hitherto stood, and its adaptation to the new position of affairs, it was certainly their duty to consult the feelings and opinions of the inhabitants of both those provinces. If he could assert that they had at this moment a Consti tution prepared in order to suit the nature of the occasion —framed and founded upon the feelings to which he had adverted—this was not the moment in which such a Con stitution could be carried into action with advantage. Cer tainly the time of agitation—the time of civil contest was not the time when any Constitution, however wisely framed, and however wisely adapted for the ordinary wants and feelings of the people could with any possible advan tage be carried into operation, which wisdom, diligence, and labour were necessary, in order to compose these struggles. Many angry feelings were to be allayed, and many animosities to be extinguished. All these prepara tions for this Constitution must be prepared before bring ing the Constitution into action.—( Hear, hear.) It was obvious, therefore, there must be an interval of time before they could introduce the Constitution, improved in the manner he had stated. During that time, however, it was necessary to provide additional Government in Canada, and that Government it was the object of this Bill to esta blish. This Bill, as their Lordships were aware, vested the Government in a Governor and Council, who were armed with legislative authority, and which limited the period of this Government to a fixed time, providing that the laws enacted by this Government shall not extend beyond a given limit. This was undoubtedly a measure of coercion ; the character of the measure could not be disguised, and it was only by the emergency of the occasion that it could be justified. But as that could not be called a Constitution which might be said to have ceased to exist, and as they could not call another Constitu tion immediately into being, it was obvious that during the interval they must provide for the authority of Government, and the safety of this province. It was undoubtedly a great departure from the Constitu tion, but he trusted that it would be a mere temporary measure—that it would be no long time before they were enabled to return to the Constitution ; but in the present state of circumstances it was impossible for them but to resort to a Government of power and authority, in order to ensure a state of pease and comfort. As they were com pelled to resort to a departure from the constitutional principle, there was one advantage in makin g it as striking a departure as the present was as it would ensure in itself that it was only a provisional measure—that it was only a provision for a time, and could only be suspected as laying the basis of any system which eould be perma nent ; it showed that there must be, in no short time, a re turn to a Government upon liberal principles. At the acne time, though it was always to be remembered that it was to be connected with an ultimate return to a better system, the interests of the people of the two Canadas were to be consulted ; therefore it was that they were to look to this declaration of Parliament—the language of which was not that they were entering upon their course as vin dictive judges—not that they came to deprive the Canadians of their Constitution for ever—the language of Parliament vas , that they came there to ask what was the state of so ciety in those countries—to ask whether the Constitution of that country was useful, or whether it had failed in some of its; purposes ; and finding that, they had come:in order to impro v e it. They interposed as arbiters between contend ing parties, and their object was, though for a time, to fix an arbitrary Government, to revert as speedily as possible to a wise and liberal system of Govern ment,. trusting and believing it would not be loug before they would be able to establish it under STSPlvettie-aospices. M uc h un d o ubtedly would depend on th e / ._-,.1 7.4 . .NaiacteT Ond judgme nt o f th e noble person who would be -'7.---,- slatatit 0, Ciovernor. E ver y reliance was to be placed on 4-,e-, , . thie ' pers.en, and h e cou ld no t help hoping that with 14':;:14 ,--the)oo f ty, impartiality, and liberality that distinguished ri t e , a -s•ese-se,esese siss i, • --' .:_sea--z ~9, - . A:-../4. .-----i al a THE SUN, LONDON, SATURDAY, FEBRUARY 3, 1838. him, in conjunction with his practical experience, that he be pleased to recollect that when they returned to office, in I would be enabled to suggest such measures as would tend April, 1535, they found all matters connected with Canada to the welfare, peace, and prosperity of the colony. precisely in the same situation as they were in the preceding Such was the simple and plain statement of the case November. The House of Assembly had not met—no steps which he had to make, and he thought it was not had been taken—no act had been done, declaring more ex necessary for him to trouble their Lordships further plicitly the condition in which that country stood. They would be pleased to recollect that on the very day on which the than to express a hope, that whatever might be their Noble Viscount's Government retired from office, viz., on the Lordships' opinion on other circumstances connected 15th of November—on that very day the Secretary for the Co with the subject, they would at least think the necessity of lonies had written to Lord Aylmer, and instructions Lord told him that he was the case justified the measure he proposed. The Noble fully prepared—( Ifear)—to give him ample Lord then moved that the Bill be read a second time. upon every point at issue, and more—that he would have done Lord ABERDEEN said, that with the expectation so the very neat day—(Hear, hear, and laughter)—had not which had been expressed by the Noble Lord at the corn- the Government unfortunately been renov ed. Now, the mencement of his speech, that the Bill he had now moved Hon. Gentleman who then filled that office, a lthough he had the second reading of, should meet the general support of not returned to it, had not afforded him (the Earl of Aber the House, he cordially concurred ; and he trusted that the deen) the advantage of seeing those instructions. They, of House would give a general, if not an unanimous, assent to course, were left in his p or tf o li o ; b u t a lthough they had not been at his command, they would no doubt be perfectly at the the Bill. Agreed as their Lordships all must be in the service ea of his Noble Fri e nd who had succeeded that Hon Gen professed object of the Bill, which was to enable Government im to provide a Government and Constitution for the province t Lord n nt in the Colonial Office. —( Hear must, tthlerforehesupposed , hear.) That Nobleprepared upon his entrance of Lower Canada, founded upon such a basis a s mi g ht upon , that at office t o have be en fully i i 0 t o c iinstructions tructns secure the rights and liberties, and promote the interes ts, upon every point at issue. But, besides that, there was also of all classes of her M a jesty's su bj ec t s , h e hoped their in the Cabinet a Noble Lord who had been connected with Lordships would not differ in the first step to be taken, in the Colonial Office—who had always paid great attention to order to arrive at the accomplishment of that most desir- colonial matters; and especially to the affairs of Canada---he able object. In expressing this hope, that the assent of meant the Secretary at War (Lord Howick). Thus, then, that House to the Bill would be as general as he thought the Government had been surrounded by persons perfectly it ought to be, it might naturally be supposed that many familiar with the whole progress and course of proceedings in of their Lordships should come to this conclusion under Canada. He said, then, that the Commission of Inquiry very different impressions, and entertaining very various could have arisen from no other cause but a desire for de la y. He had formerly taken the liberty of saying as much, and of f opinions upon different parts of this subject enter taining very different opinions upon past transactions, pointing adopting otuhtatweboautr course. e must H He knew n th es e v i i n t ev h it a a d bl b e ee c n o s n a s i e d qu th e . n t ee they and especially of the conduct pursued by her Majesty's had in that followed, as a precedent, the conduct intended to Ministers during the time of their having been in office.— h a ve bee n p u rsued by those servants of his late Majesty whom (Cheers.) He was happy to find their Lordships were they bad succeeded. But he would venture to say that any Corn_ able to approach this question without irritation, and mission that might have been issued by that Government would under feelings calculated to enable them to stand in that not have been calculated to produce any such effect as that to position in which they could look at the subject dis- which he had referred.—(Hear.) It might have had no better passionately, and without feelings of prejudice.—( Hear.) success than that of Lord Gosford and his Colleagues ; but at least it would have been intelligible, clear, explicit— He thought there never was in the history of the world a revolt that bad taken place which had less probable ( Hear, hear, hear)—as to the objects for which it was se nt to Canada. T o oTo show their Lordships the difference between ground of justification than the one that had taken place in Canada ; but he was ready to say that he thought the the w e Lord Commissions, ,who lv a c h un e d w er a t sl e r n epa t r o ed re to a s i t r at t e o , that when the present case was one in which the largest possible display family affairs in England renderintnit extremely inconvenient of mercy might safely be exhibited which was compatible to him to be absent—when that Noble Lord inquired what with the safety of the country and the supremacy of the was the probable length of time during which he would be law. He was persuaded that the great mass of the popu- engaged with the investigation, he (the Earl cf Aberdeen) lation of Lower Canada were naturally the b es t disposed, had told him that he thought it very possible that within six and would be among the happiest people on the face of the weeks or two months after he had arrived in Canada all points earth ; but unfortunately they were among the most ig- might be settled one way or another, and that at least in that n orant, and therefore the most easily deluded and led time Parliament would be ready to make some provision to meet the emergency of the case. When his Noble Friend to antra Cheers. Their Lordships had heard of a know ledge qualification for the exercise of political rights, and the whom sa n t I h e e i p n resent . of fthe Government i\,obl e hL ordad entrusted ia e this what duty "i m s made e e if he recollected rightly, the Noble and Learned Lord op- answer ? Why, that that probably the inquiry nPPns might ight la . :t two posite (Lord Brougham) some time ago, in introducing his years.—( Hear, and laughter.) The next instance of culpable Bill with respect to education, expressed himself not un- delay arose upon the Reports of the Commissioners them favourable to such a course. The persons who were en- selves. By the second Report, dated 12th of March, 1836, titled to privileges in Canada, he understood many of them after the decision of the House of Assembly had been settled, could neither read or write ; such was the state of ignorance and their concession considered hopeless, the Commissioners there that he believed it not only consisted in the elective recommended that it should be proposed to Parliament to re bodypeal or suspend 1 and 2 William IV., which was an Act that but it was not singular among the representative Mem gave the appropriation of the revenues to the House of hers of the Assembly itself. Such being the case,their Lord boli—h a Treasury.—( was fairly under the controul of the ships might easily imagine how persons of such a descrip- Lords a Commissionerss ury.( Hear, hear, concurred hear. ) and In that i re c om t ion might be led away by wicked and designing men. He mendation t all the re sin would certainly be very unwilling to agree to a measure of gular that that was about the only thirst in ; which ' the . ; ever that nature without the most adequate cause being pro- did agree.—( Laughter and hear.) Weir, that being the case, clued, and he could not say that he thought the revolt what did the Noble Lord do? He thought, or he affected to alone would be a reason for adopting a measure of such think, for it was scarcely credible that he could entertain any severity. He could easily imagine an event of such a such opinion, that the House of Assembly had been deceived, nature as an outbreak taking place and being suppressed, and were labouring under a misconception of the instructions nithout by any means wet ranting such a course. But the which had been given to the Commissioners, and that if they kn .w the whole of those directions they would be Willing to Noble Lord had observed that the Constitution itself had come to terms. Consequently, the Noble Lord declined to been already suspended, and he could net Delp thinking tile refusal of supplies, for the purpose of carrying on s a i c o t u; n.,r that s on (HearunanimousrecommendationHed.r 'o d t h em Commis that of the , em b t l to another t ca L li whol e of the civil Government of the country , by the House of Session, and to communicate to the Assembly instructions, and then to report the result. Y the hat was the Assembly, under the circumstances in which it was placed, was a gross violation of those privileges with result? After passing resolutions much more stringent in which they had been entrusted by the mother country. terms, and laying aside almost all forma of respect and deco- But even adenitthsg that that proceeding was strictly con- rum, the House of Assembly summed un by sating that " the n eeetta tna to the letter of the Constitution, when he found same circumstance s, as well as their previous consider a tion o f them rissn to the very cii.nax of anarchy, refusing to obey the enlightened principle above referred to"—that was the the commands of her Majesty, and, uniting in the principle of obtaining the redress of what they called their House of Assembly—declaring that they taould grievances before they granted any supplies—" rendered it neve r meet to transact the business of the incumbent on them to adjourn their deliberations until the Government should by its acts, and especially by rendering province until demands hal been satisfied—the f re pro% :their the second branch of their Legislature conformable to the most of these being a new modelling of a main branch of wishes of the community, enable them adequately to fulfil the the Constitution--of that Constitution, under which &one duties with which they were charged." Now that also he they possessed their own political existence—he must say thought was a case merely of delay - -( Hear)--forit n-anot that the precept coald not really be said to be a premature possible that any such hopes or expectations, es bed been measure ; but on the contrary, he would be almost in- stated, could in reality have beets entertained.—( Loud cheers. ) dined to thick that it had been too long delayed. The next cause and the next point of delay was that most ex- There were one or two facts in the condect of the House traordinary and incomprehensible delay which took place in tive e nomegisla Councors, and e M of Assembly which fully justified the vote their Lordships hers of the ination of Executi the L ve Council. The Com ill missioners th em had, in were now called upon to come to.—(Hear, hear.) There a very full report, recommended the principles upon which had beet, a time when the Assembly of Lower Canada these a nominations fN, should take place. That Report was dated might truly have represented that they had grievances which theo 2ere ni principles—which ay,lst, any the prti d pl t e i then recommended Were real, numerous, and which called badly for redress. And a Committee of the House of Commons had been easy on which all Goverj.m o e n n e tsrm o d acted, anycetrtyipsoirmi simple and appointed especially fur the purpose of inquiring into these was extremely easy for them to act. But, notwithstanding grievances ; after much deliberation that Committee made the simplicity of the subject, it was allowed to remain unsettled a report recommending various measures for their —nothing was done—not a step was taken till—when, did their redress. To prove that this report was received Lordships think ?—till the Noble Lord wrote his instructions by the Colonists with sentiments of the utmost satis- to Lord Gosford, on the 14th July, 1837. What possibly faction, the Noble Lord read the following ex- could be the reason of that it was beyond his imagination to tract from an Address of the House of Assembly : conceive; and how, after all, did the Noble Lord give these i t r h . s e tri c i c o t o i o n n e s a I' 7 H N e o a rn, no e s a u r e . l ) l t h ß i n. y eif the f t to M L ti o rr r b d e Members of " The well-founded complaints of the Canadians were Gos ferredre- to a Committee of the House of Commons, exlii - f o rd to do just as he pleased.—( Laughter and cheers.) Could biting a striking combination of talent, uniting a general he not at first have given Lord Gosford that discretio nar y knowledge of constitutional law to a particular acquaint- power which he had given him at last? But let them mart ance with the state of both the Canadas. This Com- the time at which that had been done—at a time when it could mittee,after solemn investigation and prolonged deliberation, not by possibility have been of any use. That was an instance framed a report which will be an imperishable monument of of what he must call pitiable delay—how so much irre their justice, and ari authentic testimony to the reality of our solution and vacillation could be exibited on matte rs grievances and the justice of our claims and full inte retinso simple and clear, was to him m o st surprising. , y pg He (the Earl of Aberdeen) must also say that, with regard to our wishes and our wants. Through this report her Ma the manuer in which they had passed their resolutions, it hart jesty's Government became better acquainted than ever been accompanied by very culpable and most mischievous with the true situation of the Province, and bet- delay.—( Hear.) Those resolutions had been i n troduced to ter than ever disposed to remedy its grievances.' the other House of Parliament early in March, but they did He mentioned this for the purpose of stating that every re- no t pass their Lordships' House until e ar ly i n May. They commendation of the Committee had been fulfilled, and had been carried in the House of Commons by overwhelming therefore if the grievances and complaints of the Canadians majorities. Every means had been afforded to facilitate their had been confined to the matter of that report, the an- progress. The Noble Lords knew very well that although swer would have been complete and satisfactory. He knew they had encountered a little opposition from some of th eir that it had been attempted to show that in one respect the friends—(Laughter) — from their opponents they had me t with editing Every In that itn the contrary, were afforded for e recommendation of the Committee had not been carried into effect ; but this he totally denied, and he incurred the the them. opposition t of House,one Noble fu the Learned Lord. would be able to prove that there was no just Thus two months had been occupied 11 believed, they had_ only ord , of those ground of complaint on the part of the Canadians, resolutions without any reason having assigned;been elsi with respect to any of the recommendations times they were delayed by no House being made; but no contained in that Report. He would not detain their good reason had been alleged —n o reason that was s ufficient Lordships, by going minutely through the various stages of for men who were determined--(Cheers)—to discharge their these disputes between the Provincial Government and the duty with respect to a measure of urgent and pressing neces- House of Assembly. Year after year they had refused sity. Again, when the assent of their Lordships had been the supplies, or if they voted them, it was in such a shape obtained d to day—(Cheers)—with resolutions, instead of being ready the very l e s ancholy illness — an w o it t h he t r he d ir Bill, which was to be founded that they could not pass. They were repeatedly re- neat occurred.—( Hear, li b s newing addresses detailing additional grievances, and on No these doubt s y resolutions,( the melancholy and demise of I rising in proportion with their demands as they proceeded, Majesty might have had some influenceesscreating delay c in until October, 18:36, they passed the resolution to which he but even before the demise of theplenty had before referred. How happened it then, with this of time for framing the Bill, if the Noblerow n Lords would was v old have disposition to conciliate, that the complaints of the people availed themselves of it.-Hear, hear.) He (the Earl of had arisen ? That in proportion as this disposition w as Ab er d een ) now came to e a few remarks on the military shown and acted upon, the estrangement of that b o dy d e f ences o f t h e prov i nc e and the neighbouring States. He ea la r. te ) seemed to have beeen more and more complete ? A n d h a d rece i ve d t h e same opinions on this part of the subject 55 in the case of the present Governor-General, ;.(;) conc ili a t or y th ose w hi c h h a d b een referred to on a former occasion by the had his disposition been that when the necessity of the Noble Lord (Glenelg) opposite—the opinions, certainly, case made a change quite impera tive u p on us, he was no of persons well qualified to decide upon questions of min longer thought capable of car r y in g it into execution, and tary operations. Having seen those opinions he co uld not of course take upon himself to blame her Majesty's Minis tersthe contrast had been too great for him to be entrusted with the performance of his duty. Had they of late be- did notfor not a, having re i n that sent reinforcements to Canada ; th l: e ut e h x. e come sensible of the value of instalment ? He thoughtthe other travagant reason, assigned by the observation Noblefor the vi 5 reason,eoont there was some probability of that being the case, and night, viz., on the ground of the unpleasant effect which that they had discovered that her Majesty's Government might be produced on the public mind by the arrival of fresh were made of compressible materials; and that, with a forces in Canada. The reason upon which the conduct of take r hk i ee s i fin g ri: t inp pint the p t r h o o v 3 i e n c g e e n w t little more energy and perseverance they might hope to Ministers in this respect was justified was, as he apprehended, obtain the utmost of even their most extravagant wishes. this, that competent military opinions had been delivered to place there was a sufficient force to Having a more lively sense of the difficulties under andthe t ithatt Government down. if it should u that o n was not p h r a o d b b ab e l e e n , which they laboured, he was disposed to view more charitably than many of those around him mistaken taken in their opinion with regard to the second point what be felt to be the blameable part of their h e is 1,4 .... observe, that the ; u Would Government must at all events conduct.—(Hear.) He had no wish to exaggerate any have been aware that troops s h ou ld b e b rought from the thing—but many parts of th e ir condu c t in his opinion ne i g hbouring provinces of Nova Scotia and New Brunswick, were open to grave accusation. They had been guilty of and there could be no reason why from should not ro a system of delay, which could not but have an eff ec t th e h ave b e en sent to those colonies especially as it most injurious—he should say the practice ofdelay, for he did a pp e ared by documents on the tablem hence, of the tiil . ouse that Sir not believe the delay had been the result of consideratio n , Colin Campbell ha d actuall y applied for such i reinforcements but that what had taken place had been the necessary resultof He remembere d a hi g hl y -distin g uis hed officer who haft be en . doing nothing. He did not believe that his Noble placed in an important command where a rising of the people was Friend, upon reflection, had the slightest hopes that ex p ected, and that officer had been appli e d to b y the Governmentn by the delay which had taken place, a better state of to know if he could spare any of the force under his command. things would result. All had been the natural result His reply was, " Before I can o answer you that question, I must know what yo f u require of any me. If you require me to of habitual wavering, irresolution, and infirmity of purpose. He would candidly and plainly state to the Noble pr o e ir v e en m t e tl t ie o ri u si t ng do c w a n n t sparev,ren it ni a m d e o n n ; ee bu t t at if you only re- Lords opposite some of the points on which he 'laps half the number will be sufficient."—(aHenearplacetioer thought they were justly liable to the accusations those grounds, therefore, with all possible respect to" ) th e u rn! which he had made against them.—(Hear.) Fi rs t tary opinions which had been alluded to, he h 1, tuougnt that the he thought the appointment of Lord Gosford's commission emergency had not been so completely provided for as it had caused great delay. What was that Commission of En- might and ought to have been. Having pointed out all the points upon which he thought the o c n on h duct of her Majesty's quiry? He did not mean to deny that the Commissioners had furnished them with several valuable reports, many ingeni- h N e lin sA i , s a t s er sl pleased uassteldv at deserving a b o l f e c t e o ns s u fa r t e e, a s t h e e - p h a a rt d of that Ho use, alreadyr men ous speculations and able discussions ; but the greater part tioned, that to the 13;1 ' r itself he intended to offer of which just as well and just as easy might have tion.—( Hear.) But at the same time the history of the ePP°si he Bill been given in London. He maintained that, in the state to was somewhat singular. Indeed, he believed it had which the affairs of Canada had arrived at that amended that, whatever he might have thought of it in en its so time, there was no need of further enquiry —(Hear, original and crude state, he might now approve of it highly. hear.) They had had inquiry enough—they had It had, beyond all question, been greatly improved. Certainly too . much inquiry. There had been, for the whole they might perceive by the votes of the House of C ommon ' s previous Session of 1834, a Committee of the House cf laid on their Lordship? table that it had got a new preamble. Commons occupied in fully investigating the whale of —( Hear.) He h a d h ear d that originally it had had a pre amble which had been stigmatised as abominable.—( He a r, this subject—a Committee such as he believed had never and laughter.) That might or nsight not be so—however, as been seen in the House of Commons before, where the they received it he was bound to say that the preamble was Colonial Office was open absolutely and without reserve unexceptionable.—(Cheers.) But, accompanying that Bill, to the demand of any person who choose to move for any their Lordthips had got on their table a paper which h d no, o y papers. They were, therefore, in a state in which they now thought of asking for : but a document which had heels not only able, but in a state which rendered it were incumbent h. on produced by her Majesty's Government, purporting to be an theta, to come to a decision on the subject.) extract of a despatch addressed by the Noble Lord oppo , ite And it was in vain for Noble Lords to say :hat tHear, ear. they were not to the Noble Earl who was about to undertake the Govern then in a condition to come to that decision ; for th e y must anent of the province, and was dated on the 20th of January, 1838. What was the object of producing that document ? It was to inform them, or had been originally intended to bolster up and explain the preamble, in which some such doc trine bad appeared as was developed in the despatch to which he had referred,—( Hear, hear.) That despatch recom. mending the calling of a convocation, which had been ori ginally produced for the purpose of giving it some countenance, and connecting it with this Bill, had been pronounced to be eminently absurd. But if the preamble bad been removed, so far as it was in any respect connected with that document, and the instructions stood alone—what must then be its character? Why, it must be pre-eminently absurd.—(Lead laughter.) Again, if it were true, as he understood it was, that the Bill as it now stood would render it illegal in the Earl of Durham, or any one else, to summon such a conven tion, and that he would no longer be able to execute those instructions without committing a violation of the law—then must that document appear to their Lordships—he had al ready exhausted all superlative expressions—( Hear, hear, and a laugh)—then must it be super-saturated with absurdity.— ( Cheers.) With respect to the appointment of the Noble Earl, it was, no doubt, incumbent on her Majesty's Ministers, in execution of a measure approved of by Parliament, to appoint whomsoever they might please to carry it into effect ; and he should always make it a point of never questioning the ap pointment of any one—or at least, it could only be on very strong grounds that he would interfere on such a matter, or en deavour to dispute any nomination of that nature. But, without the slightest disrespect to the Noble Earl, he must venture to suspect whether his nomination was entirely referable to the pur pose of pacifying the revolted subjects of her Majesty in that part of her dominions. He could not but think that it also had some reference to the pacifying of certain disaffected and rebelliously-disposed people in this country—( Hear, hear, and laughter)—persons disaffected to the Noble Lord's op posite, whose turbulence of late had become rather trouble some.—( Hear, hear.) He was bound to say that the appoint ment of the Noble Earl in that respect had been attended with signal success, and he sincerely hoped that on the other side of the water that measure might be productive of as much good effect in pacifying the rebels as it had been in pa cifying those turbulent and disaffected spirits to whom he had alluded.—( Cheers.) When the Noble Earl arrived there he would find that the three great questions upon which Parlia ment was at issue with the House of Assembly were these : The repeal of the Tenures Act, without any protection to the present possessors and occupiers of the property; the abroga tion of the Charter Land Company ; and the, establishment of the principle of election in the Legislative Council. With regard to the two first questions there could be no difficulty. He believed even the Noble and Learned Lord opposite (Lord Brougham) had consented to that resolution which declared that the charter of land could not, ought not, to be abrogated, and the Tenures Act ought not to be repealed without secu rity being granted for the interests of present occupiers. However great might be the political extravagance of the Noble and Learned Lord, he (the Earl of Aberdeen) had felt quite sure that when he had to apply his mind to a subject of a judicial nature, and when the interests of parties were concerned, he could arrive at a just conclusion ; and he there fore though that there could be no doubt of his assenting to that resolution. But the Noble and Learned Lord had on that same occasion taken the opportunity of volunteering his advice on that subject, and had said tint, unless his Noble Friend was prepared to send out a commissioner with power to make the Legislative Council elective, he might spare his trouble, for that all other proncsals would be in vane Now he (the Earl of Aberdeen)would also en the present occasion volunteer an opinion on the sullect, and he could tell the Noble Lord, if he were prepared to make the Legislative Council elective, he must be prepared to sever that province from the dominion of this country.—( Cheers.) That the in troduction of the elective principle into the Council would lead to the separation of Canada from this country he could enter tain no doubt. It was true that in the course of ages that event would come to pass. Let the Government be what it might, he saw no reason why they should constantly close their eyes to that consideration ; and the very efforts which they made to in crease the wealth, the prosperity, and the power of the colo nies necessarily tended to hasten that very result.—(Hear, hear.) He did, however, believe that by good Government, by wise administration, that time might be far removed from them, and he saw no reason why they should not yet enjoy long years of youthful happiness and prosperity. All their Lordships would recollect the beautiful apostrophe of Burke's in a speech on the American question, in which he repre sented the genius of Lord Bathurst at the commencement of the last war as pointing out to his adm'ration the future hap pinese and rising prosperity of the American colonies, and tell ing him that he should see all their wonders before he de scended into the grave. Now he, (the Earl of Aberdeen) thoueht that with respect to their present provinces in North America there was ne reason why their children should not see dt thatitiiueetetdiNhitteuooCf l oa er ns would Crown till and more than all Lord Bathurst ever lived to see in the progress of those colonis. These provinces had advanced in many respects more rapidly, and he could discover no reason why the termination of the vision should not be more happy and gratifying.—( Loud cheers.) Lord BROUGHAM—How comes it to pass, my Lords, by what fate of mine is it, that as often as this great question of our colonies comes on in this place—whether in the ill fated Resolutions of last May, or in the interlocutory conver sations raised by the expectations of this measure, or on the address which announced its nearer approach, or now on the' Bill itself which embodies it—l alone should be found to in terrupt the universal harmony of your Councils—alone t ' oppose a Bill presented by the Government without defence but immediately taken up and zealously supported by thei adversaries—alone to stand up the advocate of the Constitu2 tion—alone to resist the breach of all law, the violation of all justice, in this high Court of Law, which distributes justice litliout appeal—alone to withstand arbitrary and tyrannical innovations in the Senate—the Conservative Senate of a free country—alone to maintain the peace, and stay the dismem berment of the empire, among your Lordships, who of all men that live have the deepest interest in peace, and the empire being preserved entire ? The position which I occupy is sur rounded with difficulty and embarrassment ; the task I perform is a thankless one, but I will not—l may not— abandon the position in which I am in the discharge of ray duty planted ; and here I am, at the last hour in this hateful controversy, again attempting to discharge what I know to be a thankless duty. I know that from the contest I - must retire defeated, but not disgraced. I know that if I gain nothing,' or if I fail completely, I shall at least retain the satisfaction of my own mind.—( Hear.) The Noble and Learned Lord proceeded by saying that when this subject was last before their Lordships he had purposely avoided following his Noble Friend into the controversy to which he had invited him. He did this because he knew that other opportunities would be afforded to him. That op- 1 portunity had now come, and he had heard what his Noble Friend had said. He found that he had said in explanation of the Bill —nothing ; in defence of the Bill—nothing.—( Loud laughter.) Not a gleam of light was thrown upon the darker phases of this measure. There was nothing to reconcile the manifest inconsistency of the course that had been pursued ; there was nothing said to make this measure anceptable ; there was nothing said to show why this Bill should be introduced now rather than at any other time ; there was nothing to defend its provisions except the very able, and, as far as that part of the speech was concerned, the temperate speech of the Noble Earl opposite. That Noble Earl was not evidently there, however, to be the advocate of her Majesty's Minis ters, or to pronouuce an eulogium upon them; but to take under his special protection the Bill which appeared to him to have been abandoned by its parent.—(Laughter.) The Bill so abandoned was taken up and fostered by the Noble Earl, who bestowed upon it no stepmother's care, to h p tßwh l enab a i rs i Na n tovh l onsa y ebi dwylp s eehrhwooooEcesfvaerhneeratld:tenehabdoanetHtdfe from noooi House, nabshteteih,tctwbehthiaileSttehi might withheld headi l eg lhHwhdataedfsor must, ae n mut o gshrt t oecio b gxbdß e apu e rrocN ndveaheesrapsd:n, expressing chance now say one word about the less temperate portion of the a following up of the saving protest of the Noble Duke and speechtt lio Control (Lord Ellenborough), that in agreeing to the address freely their opinions as to the conduct of her Majesty's g Ministers. That opinion had certainly been expressed that night, and when he heard it lie could not help re collecting the great offence taken by his Noble Friend (Lord Glenelg) at the free expression of his opinions upon a former occasion ; and he could not but remember the contrast—the elaborated contrast—made between the treatment that his Noble Friend received from him who had been a former colleague, and the treatment experienced from a Noble Duke opposed to the present administration; and that that, too, led to a panegyric, God knew I most highly an d amply merited by the Noble Duke ; and that too was fol lowed by a contrast between the mind of the Noble Duke and of him of whose speech his Noble Friend was then complain ing—( Laughter)—but, remembering this, he was led to an. t i c ipate a more favourable verdict w h en his N ob le Friend came to contrast himself with the Noble Earl opposite and the No ble Duke who sat near him.—(Laughter.) The Noble Earl opposite had promised to speak of the Government with for bearance and charity. Certainly the charity of the Noble Earl was not of that species which covereth a multitude of sins. ( Lauehter. ) His charity on the contrary, rested in a awl -, h titude of attaughter.) Anything less kindly to them could not be titan the speech had been pronounced, and he was sure it was of that nature that was calculated to restore him to a place in the affections of his Noble Friend.—(A laugh.) He was sure that his Noble Friend must be most anxious to be saved from the charity of the Noble Earl ; and as to the for bearance of the Noble Earl, it was more difficult to bear titan his charity itself.—(Laughter.) What had the Noble Earl said of th of e c v o a n c el il u la c t t io o n f haiis,dNdoeblluey—Fritebnadt it? u l .a 'h s e n N ot ob a le sy E st a em rl d b e u - t clared tha t he could not condescend to com p limen t it even as a r ate practice—a bad practice, arising f rom i ncura bl e h sayn a s b ti i en t rn a ve of wavering vacillation and infirmity of purpose— ( Laughter)—and this was applied to a great Minister in a great emergency when the opposite qualities were most re quired; and all this, too, was the charge of the Noble Ea r l i n the exercise of his forbearance.—(Laughter.) Having thus, as he considered, set himself right as to the personal part of the question, he approached to the more important part of the argument, and with some anxiety, too, as he was fear ful of wearying their Lordships by again impressing upon them the same topics.—(Hear, hear.) Nothing, it was said, was so unseasonable as the conduct of the House of Assembly. His Noble friend declared that the House of Assembly had been guilty of a breach of their duty—it was his Noble Friend's sra firstt said f that t t a t r e o powers given only argument f or his Bill — that the Assembly was guilty of a breach of their duty in refusing the supplies required from t h e m. Then there was but one course to be taken. To suspend the ande It se h l a n d bl e y n themselves tereainto were an account to violate olht he proceedings ee i t were e. d l in .h g e s Noble aid thc Earl A ' therefore u suspend the Constitution.—( Hear.) Other Noble Lords to gs s . p er d to b e f o re the Committee of 1828, to which lie said such powers had been given as had hardly been given before. The recom e s mendation: given by that Committee were sent to the colonies, and, it had been observed, were received there with gratitude. There was no doubt that such feelings were expfnieneed there, and the colonies were to be guided by them ; but until when? Not until 1831. But they were increased, and acquired additional force, because the foundation of freedom had been enlarged by the Noble Earl opposite ; they having obtained the command of the supplies—the power of the purse. What was the complaint then made against them? They were told that whatever abuses existed they had themselves the power of redressing them. They were given that power. They were told they could until they obtain= d redress with hold the supplies. They were told they had the power and they used it. Short-sighted men I Innocent men I they believed you when you told them you gave them that power—they be lieved you when you said they had the power of the purse—they believed you when you told them they were clothed with the power of redressing grievances ; and all they then did was to use the power which you bragged you had given to them—they withheld the supplies until their grievances were redressed ; and the instant they used that power, for the purpose, the express purpose, for which it was given, the instant they did that you have turned round upon them, and the Noble Lord who actually gave them this power says to them, " You have abused the privileges which were given you ; you are violating the Constitution, and therefore the Constitution shall be torn away from you."—( Hear, hear, hear.) It was a mockery—it was the most unbearable inso lence and insult put upon a people—first to boast that political privileges were given to them, and that the power of the purse was conferred upon them ; and the instant they used their pri vileges to say, " Oh, you have abused those privileges; it was never meant you should use them ; we only meant to round a period in a dispatch, or to round a period in a vice-royal speech at Quebec; you were never to use the power which was given to you ; it was only conferred upon condition that you would always be pleased never to refuse, and always to grant."—(Loud laughter.) Now, he could understand the the Noble Duke opposite supporting the present course, be cause he had disapproved of the Act of 1831. The Noble Duke had opposed the Act of 1831, and, if he were not mis taken, his protest against it was recorded upon the journals of the House. But, then, he turned to his Noble Friends, and asked them what was their consistency in giving a power, and yet declaring that the first time it was put in practice it should be taken from those to whom it had been given ? Let them, however, now remember that they were called upon not to repeal the Act of 1831, but the 31st of George 111., the Act of 1791. That Act was not the act of Mr. Pitt, but, to his knowledge, it was the act of the, late Lord Grenville. It was to be taken away, and an arbitrary and despotic Govern ment was to be introduced in the place of a,free Constitution. He used the words given by his Noble Friend in propounding this Bill—this odious Bill for suspending a free Constitution, and substituting an arbitrary Government in its place. How had the Canadians deserved this from them ? Upon the Ca nadians refusing supplies the Government had passed resolu tions ; these resolutions the Noble Earl opposite had admitted were calculated to harrass and vex the Canadians.—( Hear, hear.) They passed these resolutions, and the natural conse quences were produced ; and they took no pains to prevent them. Not a man had been sent—not an order had been issued —not a line had been written; he repeated it, not a man had been sent, not a pound had been spent, to prevent what was the inevitable consequence, because the natural consequence, of their eighth resolution.—( Hear.) But now they had disclosed to them in one of the two provinces a scene which baffled all description, a scene which he defied the history of any civi lized or Christian country to produce or to match. A gover nor who was appointed to administer the law, to exercise the powers of the state for the protection of the subject; one who was nominated to administer justice in mercy ; one who was appointed above all mankind to prevent crime, and only in the hard necessity of the case to punish crime, ellen it was not in the power of the Governor to prevent it. What, he asked, was it that a government so circumstanced ought to do? For the sake of peace, for the sake of good order, for the benefit of the government, and before all, because above all, it was that which he was first and foremost commanded to do, and for which his Sovereign had planted him there above all, namely, that he might more particularly look to and provide for the peace, happiness, and protection of his fellow-subjects. And yet they heard it avowed and boasted of by an individual so situated—they heard it in his despatch—they heard it in his speech to the people whom he misgoverned, that he did not think it right, though he knew that preparations were making for crime ; though he well knew and was accurately informed that a rebellion was hatching ; that traitors were laying their plans ; that disaffection was going on day by day ; and seduction mena ing by traitors more and more; and that every hour was rapidly maturing those treasonable plans ; still that he deemed it right to take no steps to prevent4he preparation of crime, and to save the innocent subjects from being de luded from their duty into a rebellion which was thus planned by traitors.—( Hear, hear.) Gracious God ! did he live in a civilized country ? Was he to be told that this was to be the conduct of the mother country ? Were they to be told in the present state of society that this was the manner in which they were well to govern and justly to guide those subjects over whom they assumed a control on the other side of the Atlantic ? Did it after all turn out that the mode in which they governed it was this—that they found disaffection, and they did nothing to put a stop to it? They sent away troops —( Hear) —they took care not to have an overawing force ; for peradventuee disaffection might have been suppressed if they had been well provided with troops : disaffection in that case would not have grown into rebellion. But this was not done. The great object was to ripen disaffection into revolt, which the presence of a regular army could have prevented. This was not done, and blood was shed upon both sides. The blood of the disaffected, to be sure, had been shed; but so also had the blood of the innocent, and the blood of those whom they allowed by the arts of traitors to become disaffected. It was then, and not until then, that they found the Queen's peace to be restored.—( Hear, hear.) He called upon the venerable bench of Bishops to lay this case to their hearts ; he called upon them to reflect upon what was the duty and the office of a Christian man—that he was not to allow men, when he had the means of preventing them, to pursue that course which notoriously led to sin in another, in order that that sin might be visited with appropriate punishment. —( Hear, hear.) He called upon the respected judges of the land to state how they dealt e ith those who came, not as the vindicators of crime, but as the tempters to it; how they felt as to those who in such cases were informers, when the very scum of the earth was cast up before them to meet their eye—he asked those Judges what were the feel ings that agitated their minds whets they saw before them those who could have prevented crime and yet did not do so, but preferred prosecuting their unfortunate victim to judg ment ?—( Hear, hear.) And yet the Governor of Upper Canada had the confidence and the courage to boast of this to his employers, and to boast of it to those whom he had maltreated, and whom in the exercise of his trust he had betrayed. Well, indeed, might that same Governor talk with deep regret of the loss of life—well, indeed, might he speak of the lamented and gallant Colonel Moody, who was foully slaughtered, but still whose life might have been saved if he had not sent away the troops, or if there had bees more troops.—( Hear, hear.) Peradventure the boast was the after-thought of a vain man. He could hardly think that any man in the station of that Governor, if there had been a sufficient supply of troops, who would not have pre ferred not sending them away, mad thus stopping disaffec tion short of a revolt, rather than that blood should be shed in its resistance. If this had been done, instead of bootlessly lamenting the loss of a gallant officer, he should have rejoiced in that triumph of which any Governor at home or abroad ought to be most proud of, namely, the triumph of preventing crime, and of preventing the peace that had been entrusted to him from being broken.—( Hear, hear. ) The same Governor, it was understood, had thrown out some threat with respect to the United States of America. It appeared that the American terri tory had been violated. It was difficult iirey et volunteers from doing this ; it would have been easy, on the other hand, to have prevented a regular force from doing any such thing.—( Hear, hear.) If they had such troops there, not only would not the peace with America be disturbed, but they would not now be engaged in the hopeless struggle in which they were involved. If it had broken out they would easily have overpowered it. With military subor dination, no such rabble as they had employed could have per petrated the act committed with respect to the American ves sel on the American shore, for no such rabble could then have at all proceeded there. —( Hear, hear.) With respect to what had been said of the opinion of the Noble Duke opposite, vin dicating the Government in not sending out troops, he must say that he was most willing to pause and to defer to such high mili tary authority upon military subjects. He must, however, ex press his own opinion upon those points with regard to which civilians were competent to decide. He should defer to military authority as to whether a certain number of troops would be re quired when a rebellion had broken out. But he thought that civilians ought to have a concurrent voice with military autho. ritics upon the more grave and important point—the means of preventing a revolt from breaking out. To say that that was a mere military question was absurd—it might as well be said that the passing of an Act of Parliament was a military ques tion, or that the adoption of a measure of police was a mili tary question. It was a civil question. The Noble Earl opposite had, with great good sense, referred to a high autho rity upon that subject. That authority, which was of inesti mable value, declared that " the larger force was required to prevent rebellion —a much less force to suppress it." This was, in his opinion a grave charge against the Government— the omission of it had involved the colonies in rebellion, as yet only quelled in part; while if it had been attended to it would have prevented that effusion of blood which must lead to a rank ling feeling for years, and must long tend to irritation between them other country and the colony. It had also led to that which unarmed, unformed, unmilitary, and insubordinate volunteers, because they were not purely military, were most likely to lead them to—it had involved in its consequences a breach of the peace with the United States of America. He must deeply lament any occurrence that would tend to increase the feeling in the United States that the last Ame rican war had unhappily left ; but if any one asked him did lie expect that such conduct as he had alluded to would lead to any hostile measure being adopted in that country, he would reply that he did not. Ile knew the good sense that prevailed in that Union ; he was aware that, generally speaking, a ra tional and liberal policy prevailed there. Long might that policy continue—long might that union last ! The con tinuance of that union and the perpetuation of that policy were important to all the world It was his earnest desire that the American Union might long continue, because if it were broken up, looking at the warlike nature of man, lie could hardly see the possibility of a war being avoided. Met, however, as the authorities of that country would no doubt be, by precisely the same sentiments of wholesome and virtuous and peaceful policy on this side of the Atlantic, after a certain number of disputations and forms. and nu merous conferences and explanations, there would be a satis ' factory adjustment, and an end would be put to the F. esent unhappy differences. But there would not be an end to the consequences, as regarded the impression that wotsid be made on the public mind, and those consequences he must consider wholly attributable to a want of a military force sufficiently large to suppress the discontent at the outbreak. Now, they were for punishing the Canadians for those offences which were in part occasioned by themselves, by their own rash, headlong policy, and they would punish them by sus pending their free Constitution. Had they deserved it ? He would not ask the question.- He would not ask their Lord ships t o e elve the !necktie, prre.lem of whet propertion of a people must err before they punished the whole for the offences of a part. He would not ask them to answer that question, but he would beg of them to recollect the sentiments of-the Government the last time the state of Canada was brought before them. They were informed that teemutbreak was a mere trifle—there were a few people, a handful in a corner of the country, a few thousands in rebellion, and all the rest of the provinces were perfectly sound. In Upper Canada the Goverment did reet require a sinaie soldier. Sueli was the loyalty and zeal clispleyed by the people in Upper Canada that the Governor, when asked how many men he cou:d spare from that colony, answered in his usual boastful style " All." It was now proposed to reward their zeal and loyalty, and the refusal to take a part in those revolu tionary practices, by depriving them, nut of a part only, but of the whole of their Constitution. Because a few broke out in revolt, a " mere handful up in a corner," it wes proclaimed that an end should be put to the liberties of the whole people ; and a noble friend of his and a friend of liberty—a strong friend of liberty, and a Reformer—was to be sent out to them in the character of dictator. This appeared to bins nut ex actly the sort of policy, it appeared to him not the policy that was persevered in, through good report and through evil report, in all parts of the empire. Suppose they had to deal with a country which, instead of being three thousand miles across the sea, was almost in sight —suppose that in stead of its having no representative in Parliament, it was well represented by, say 105 members—and suppcse a large proportion of that number, say not less than seventy, were the sworn friends, the strenuous supporters, the thick-and thin advocates of the very ministers who had administered this bitter portion to the Canadians—to the distant unre presented Canadians. How would the Government have treated that portion of the British dominion now called Canada, but which, in the case he had put, would of course be called by another name ?—( A laugh.) Suppose that the leader of these representatives was a Mr. Papineau, who was the coadjutor of the Government—ke must here use another European simile—( A laugh)—and that this individual maintained that the Legislative Council should be elective, instead of being appointed for life. his Noble Friend the Secretary of State for the Home Department, quoting from Mr. Fox, and applying the passage literally, had laid it down as a principle that there was but one way of governing the people, and that was—what did they think? He should say by administering, as 'his Noble Friend on the cross benches did, justice tempered with mercy ; evincing the most conde scending respect for the people, endearing himself to them by his intercourse with them on friendly terms, but at the samo time taking care that he did justice—that he did what was right—giving to them that which was their due, and holding the balance with a manly and firm hand. But what was his No ble Friend's ( Lord John Russell's), principle of govern ing a people ? He laid it down that it was proper to give them exactly what they ought to have. That was not the Ca nadian rule of Government—it was only the Irish rule. --(Hear, hear, and laughter.) The Irish nation exhi bited six millions of people united by one common sentiment-- they were represented by seventy staunch supporters of the Government at home, and when those representatives demanded justice for them, their demands were to be heard. The rule in that case was, " Govern them in accordance with their wish ; if they desire an Elective Council, make it elective ; if a Life Council, make it so." But when Canada was in question, that country, being three thousand miles off, and only about half a million strong, might be disregarded ; the people of Canada had not a fraction of a representative to make their grievances heard, or to support the Government in the Commons' House of Parliament i the rule, therefore, was to turn a deaf ear to all their grievances —to mock them with a remedy which they were told they might employ when they pleased, as often as they , pleased, and As much as they pleased, but the instant they at tempted to use it they were deprived of it and subjected ton punishment. They had all seen or heard of instances of the vast difference between the conduct of a mother and that of a stepmother—between a kind and an unkind parent. The one endeavoured to conciliate rather than check by coercion—would reward rather than punish—was desirous rather of preventing the child from offending • than of detecting and chastising for the wrong-doing ; and • never was the heart of such a parent more wrung than when her tender watching eed fostering care failed, arid the crime was committed and punishment became inevitable. He had known the contrary. Who indeed had not heard of or wit nessed the contrary course of the stepmother—watching to pick a quarrel, anxious to foster any bad temper of the infant, till it broke out and gave her the opportunity she had watched for of inflicting punishment? These things had he witnessed, but never yet had he knewn an instance between a mother and : a step-parent affording so gross, so violent, and outrageous a contrast as that between the conduct of the mother country to-.' wards Ireland and of the stepmother country towards Canada. -' Hear, hear.) The instructions with which his Nubia Friend was to go out to Canada had been laid before them, and he must say he looked upon that production as a moat • extraordinary proceeding. The Government had issued to themselves the second-sight faculty of knowing now what it would be right to desire their emissary to do in May next, —( Hear, hear.) It was one of the great difficulties of go verning a distant empire that they never could give their orders under precisely the same circumstances as those un-, der which they would be carried into effect, because there was always an interval of six weeks between the period o issuing them and their being acted upon: but was that area. son why they should aggravate the mischief? Was that & reason why they should make the evil ten times worse than i was necessary, by sitting down—surely mortal man never di. such a thing before—( A laugh)—by sitting down quietly in Downing -street in January for the purpose of drawing up the instructions, with all the details, which it was intended to give in the April or May following ? How could his noble friend I know that he would continue of the same mind?—( Laughter.) The measure out of which the instructions arose had been three or four times changed in the course of three or four days in one week. First her Majesty's Ministers wavered a little; then they came, as they said, to a fixed purpose ; and then they al.:" lowed a total change of the measure to be effected by the op.‘ posite party. Hesitation and delay marked the whole course of the Government. His noble friend was not to repair to the spot where this insurrection was at work till the weather.. was fine—till April, and then his noble friend was to go armed only with the powers of these instructions. He was - e exceedingly sorry that what had fallen from him the other evening on this subject was mistaken by the Noble Earl opposite. He had never said that he should be sorry if his Noble Friend went out and did not grant an Elective Conn- • cil ; what he did say was, that he should be sorry if his Nobl Friend was not armed with the power of granting an Elective Council if it were wished. Why did he say so ? Because it • appeared to him that by sending out his Noble Friend they would give him a great deal of trouble, that he would not ob tain any credit by the mission, and that all this was for no earthly purpose, inasmuch as every one knew what answer would be given to those questions which his Noble Friend was authorised to get replies to. The first instruction said, " In order to lay the ground for the permanent settlement of • the questions which agitate Lower Canada, also of those which create division between Upper and Lower Canada, it w ill pro bably be found necessary to resort to some legislative measures of a comprehensive nature." What they were was not stated. The Committee being formed, his Noble Friend was instructed 2 t• bring before them the subjects on which he desired to re ceive their opinion and advice. The most important of these '• were described to be " The questions in debate between the two Canadian provinces." The instructions went on to say, "It is clear that some plan must be devised to meet the • just demands of Upper Canada. It will be for your Lord ship, in conjunction with the Committee, to consider if this • should not he done by constituting some joint Legislative au- 7 thority which should preside over all questions of Common interest to the two provinces." * + * " The Constitu tional Act of 1791 will supply another subject of deliberation, with a view to determine what measures may safely be taken to correct the defects which have hitherto interfered, at least in the Lower Province, with its successful working." Among the other subjects to be inquired into were the provision • that should be made to meet the necessary expenses of the Civil Government in Lower Canada—the state of the law affecting the tenure of landed property in that province—the establishment of a Court for the trial of appeals and impeach ments, &c. On these subjects his Noble Friend was asked to make his report to her Majesty's Ministers. Why, had they not had reports enough ? Had they not from the Committee of 1828 such a report as was never made be fore 1828 ? Had they not in 1834 such a report as never made before 1834 ? They had those two re ports from those two Committees, which had the power, and exercised it, cf examining all persons, sending for all -, papers, and searching all records. Had they not the result • of the inquiry into the state of the province by Lord Gosfeed and his learned and able coadjutors, who furnished them ~tiith the greatest conceivable variety of opinions and on ex traordinary multiplicity of authorities. Not only did each of those individuals differ from the other, but each differed from himself, for they generally agreed one way and decided another.—(Much laughter.) Could they hope that any sin gle man could afford them such a variety.—( A laugh.) Ho defied any one person, whether a dictator or any other offi cer, to equal the celebrated report of Lord Gosford and his Commissioners. He should have thought that this would have satisfied the greatest appetite for delay, but they were still to pursue a lingering, halting policy. We understood the l'aoble and Learned Lord to contend that the argument on constitutional grounds against the establishment of an Eke tire Council in Canada was founded on a wrong analogy, but he occasionally spoke in so low a tone that many of his observations were quite inaudible. The Noble and Learned Lord proceeded to show that the executive Government of this country occupied a position in principle essentially different from that of the executive Government in Canada. An elective House of Lords was inconsistent with with our constitution, because an hereditary House of Lords independent of the people was necessary—for what purpose? It was a protection to the Crown—it prevented the Crown from coming into constant collision with the people -( Hear, hear.) That was the object of it. But let theta only see how peculiar was the position of the Crown, the Heuse of Lords, and the House of Commons with reference to each other in the parent state. One look at the subject would satisfy their Lordships that the constitutional argument was to tally inapplicable to the relations between the Executive Go vernment and the Upper and Lower Assembly in the colonies- Here the Crown had the power of refusing its assent to ants - measure assed by Parliament, but the Commons had the -